Senate Bill 2050

AN ACT TO AMEND SECTION 41-3-15, MISSISSIPPI CODE OF 1972,
TO AUTHORIZE THE STATE BOARD OF HEALTH TO ENTER INTO AND EXECUTE CONTRACTS,
GRANTS AND COOPERATIVE AGREEMENTS WITH MUNICIPALITIES, COUNTIES AND ANY OTHER
PUBLIC OR PRIVATE AGENCY OR ENTITY IN CONNECTION WITH CARRYING OUT PERIODIC
FOOD ESTABLISHMENT INSPECTIONS REQUIRED BY THE STATE DEPARTMENT OF HEALTH; AND
FOR RELATED PURPOSES.

41-3-15.
(1) There shall be a State
Department of Health which shall be organized into such bureaus and divisions
as are considered necessary by the executive officer, and shall be assigned
appropriate functions as are required of the State Board of Health by law,
subject to the approval of the board.

(2)
The State Board of Health shall have the authority to establish an
Office of Rural Health within the department.
The duties and responsibilities of this office shall include the
following:

(a)
To collect and evaluate data on rural health conditions and needs;

(b)
To engage in policy analysis, policy development and economic impact
studies with regard to rural health issues;

(c)
To develop and implement plans and provide technical assistance to
enable community health systems to respond to various changes in their
circumstances;

(d)
To plan and assist in professional recruitment and retention of medical
professionals and assistants; and

(e)
To establish information clearinghouses to improve access to and sharing
of rural health care information.

(3)
The State Board of Health shall have general supervision of the health
interests of the people of the state and to exercise the rights, powers and
duties of those acts which it is authorized by law to enforce.

(4)
The State Board of Health shall have authority:

(a)
To make investigations and inquiries with respect to the causes of
disease and death, and to investigate the effect of environment, including
conditions of employment and other conditions which may affect health, and to
make such other investigations as it may deem necessary for the preservation
and improvement of health.

(b)
To make such sanitary investigations as it may, from time to time, deem
necessary for the protection and improvement of health and to investigate
nuisance questions which affect the security of life and health within the
state.

(c)
To direct and control sanitary and quarantine measures for dealing with
all diseases within the state possible to suppress same and prevent their
spread.

(d)
To obtain, collect and preserve such information relative to mortality,
morbidity, disease and health as may be useful in the discharge of its duties
or may contribute to the prevention of disease or the promotion of health in
this state.

(e)
To enter into contracts or agreements with any other state or federal
agency, or with any private person, organization or group capable of
contracting, if it finds such action to be in the public interest.

(f)
To charge and collect reasonable fees for health services, including
immunizations, inspections and related activities, and the board shall charge
fees for such services; provided, however, if it is determined that a person
receiving services is unable to pay the total fee, the board shall collect any
amount such person is able to pay.

(g)
To accept gifts, trusts, bequests, grants, endowments or transfers of
property of any kind.

(h)
To receive monies coming to it by way of fees for services or by
appropriations.

(i)
(i) To establish standards for,
issue permits and exercise control over, any cafes, restaurants, food or drink
stands, sandwich manufacturing establishments, and all other establishments,
other than churches, church-related and private schools, and other nonprofit or
charitable organizations, where food or drink is regularly prepared, handled
and served for pay; * * *

(ii) To require that a permit be obtained from the Department of
Health before such persons begin operation; and

(iii) To enter into and execute contracts, grants and cooperative
agreements with any municipality, county, federal or state agency, or any other
person, corporation or association in connection with carrying out the periodic
food establishment inspections required by the State Department of Health
pursuant to this paragraph (i). Any
such contract, grant or agreement shall authorize the local governmental entity
to subcontract with qualified persons to perform such required inspections, and
any inspections performed under contract shall be deemed an official
inspection.

(j)
To promulgate rules and regulations and exercise control over the
production and sale of milk pursuant to the provisions of Sections 75-31-41
through 75-31-49.

(k)
On presentation of proper authority, to enter into and inspect any
public place or building where the State Health Officer or his representative
deems it necessary and proper to enter for the discovery and suppression of
disease and for the enforcement of any health or sanitary laws and regulations
in the state.

(l)
To conduct investigations, inquiries and hearings, and to issue
subpoenas for the attendance of witnesses and the production of books and
records at any hearing when authorized and required by statute to be conducted
by the State Health Officer or the State Board of Health.

(m)
To employ, subject to the regulations of the State Personnel Board,
qualified professional personnel in the subject matter or fields of each
bureau, and such other technical and clerical staff as may be required for the
operation of the department. The
executive officer shall be the appointing authority for the department, and
shall have the power to delegate the authority to appoint or dismiss employees
to appropriate subordinates, subject to the rules and regulations of the State
Personnel Board.

(n)
To promulgate rules and regulations, and to collect data and
information, on (i) the delivery of services through the practice of
telemedicine; and (ii) the use of electronic records for the delivery of
telemedicine services.

(o)
To enforce and regulate domestic and imported fish as authorized under
Section 69-7-601 et seq.

(5)
(a) The State Board of Health
shall have the authority, in its discretion, to establish programs to promote
the public health, to be administered by the State Department of Health.
Specifically, such programs may include, but shall not be limited to, programs
in the following areas:

(i) Maternal and child health;

(ii) Family planning;

(iii) Pediatric services;

(iv) Services to crippled and disabled children;

(v) Control of communicable and noncommunicable disease;

(vi) Child care licensure;

(vii) Radiological health;

(viii) Dental health;

(ix) Milk sanitation;

(x) Occupational safety and health;

(xi) Food, vector control and general sanitation;

(xii) Protection of drinking water;

(xiii) Sanitation in food handling establishments open to the public;

(xiv) Registration of births and deaths and other vital events;

(xv) Such public health programs and services as may be assigned to
the State Board of Health by the Legislature or by executive order; and

(xvi) Regulation of domestic and imported fish for human consumption.

(b)
The State Board of Health and State Department of Health shall not be
authorized to sell, transfer, alienate or otherwise dispose of any of the home
health agencies owned and operated by the department on January 1, 1995, and
shall not be authorized to sell, transfer, assign, alienate or otherwise
dispose of the license of any of those home health agencies, except upon the
specific authorization of the Legislature by an amendment to this section. However, this paragraph (b) shall not
prevent the board or the department from closing or terminating the operation
of any home health agency owned and operated by the department, or closing or
terminating any office, branch office or clinic of any such home health agency,
or otherwise discontinuing the providing of home health services through any
such home health agency, office, branch office or clinic, if the board first
demonstrates that there are other providers of home health services in the area
being served by the department's home health agency, office, branch office or
clinic that will be able to provide adequate home health services to the
residents of the area if the department's home health agency, office, branch
office or clinic is closed or otherwise discontinues the providing of home
health services. This demonstration by
the board that there are other providers of adequate home health services in
the area shall be spread at length upon the minutes of the board at a regular
or special meeting of the board at least thirty (30) days before a home health
agency, office, branch office or clinic is proposed to be closed or otherwise
discontinue the providing of home health services.

(c)
The State Department of Health may undertake such technical programs and
activities as may be required for the support and operation of such programs,
including maintaining physical, chemical, bacteriological and radiological
laboratories, and may make such diagnostic tests for diseases and tests for the
evaluation of health hazards as may be deemed necessary for the protection of the
people of the state.

(6)
(a) The State Board of Health
shall administer the local governments and rural water systems improvements
loan program in accordance with the provisions of Section 41-3-16.

(b)
The State Board of Health shall have authority:

(i) To enter into capitalization grant agreements with the United
States Environmental Protection Agency, or any successor agency thereto;

(ii) To accept capitalization grant awards made under the federal Safe
Drinking Water Act, as amended;

(iii) To provide annual reports and audits to the United States
Environmental Protection Agency, as may be required by federal capitalization
grant agreements; and

(iv) To establish and collect fees to defray the reasonable costs of
administering the revolving fund or emergency fund if the State Board of Health
determines that such costs will exceed the limitations established in the
federal Safe Drinking Water Act, as amended.
The administration fees may be included in loan amounts to loan
recipients for the purpose of facilitating payment to the board; however, such
fees may not exceed five percent (5%) of the loan amount.

SECTION
2. This act shall take effect and
be in force from and after July 1, 2004.